SOUTH AUSTRALIA]

No. 58

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  15  OCTOBER  2009

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. K. Sneath) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

   2.

The Minister for Mineral Resources Development (The Hon. P. Holloway), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

 

Suspension of
Standing Orders.

   3.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be made Orders of the Day for next day of sitting.

 

Postponement
of Business.

   4.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Recidivist Young Offenders and Youth Parole Board) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned and ordered to be resumed on motion.

 

Statutes Amendment
(Recidivist Young
Offenders and Youth
Parole Board) Bill.

   5.

On the Order of the Day being read for the adjourned debate on the question - That the Constitution (Reform of Legislative Council and Settlement of Deadlocks on Legislation) Amendment Bill be now read a second time:

                 Debate resumed.

                 The President having counted the Council in accordance with Standing Order No. 282 and there being present an absolute majority of the whole number of Members of the Council:

                 Question put and there being dissentient voices:

Constitution
(Reform of
Legislative Council
and Settlement of
Deadlocks on
Legislation)
Amendment Bill.

                                    

 

             Council divided:

Ayes, 7

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

Noes, 13

The Hon. A. M. Bressington

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. M. C. Parnell

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. S. G. Wade

The Hon. D. N. Winderlich

The Hon. R. D. Lawson (Teller)

 

 

                 The President announced his concurrence in the second reading under powers conferred on him by Section 26 of the Constitution Act 1934.

President’s
concurrence.

 

                 However, as an absolute majority was not attained and the second reading was negatived, in accordance with Standing Order No. 282, the Bill could not be further proceeded with, nor revived during this Session.

 

Second reading
negatived.

   6.

On the Order of the Day being read for the adjourned debate on the question - That the Referendum (Reform of Legislative Council and Settlement of Deadlocks on Legislation) Bill be now read a second time:

                 Ordered - That the Order of the Day be discharged.

Referendum
(Reform of
Legislative Council
and Settlement of
Deadlocks on
Legislation) Bill.

 

                 The Minister for Mineral Resources Development then moved - That the Referendum (Reform of Legislative Council and Settlement of Deadlocks on Legislation) Bill be withdrawn.

                 Question put and passed.

                 Bill withdrawn.

 

Bill Withdrawn.

   7.

Ordered - That Orders of the Day (Government Business) No. 7 and No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

   8.

On the Order of the Day being read for the adjourned debate on the question - That the Hydroponics Industry Control Bill be now read a second time:

                 Debate resumed.

                 On motion of the Minister for Mineral Resources Development, the debate was adjourned and ordered to be resumed on motion.

 

Hydroponics
Industry Control
Bill.

   9.

At three minutes to one o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

10.

The Clerk announced that the following Petitions had been lodged for presentation:

                 By the Hon. R. L. Brokenshire from 33 residents of South Australia, concerning the Willunga Basin.  The Petitioners pray that this Honourable House will establish forthwith a statutory authority with powers to address major issues such as population growth and the adequate supply of public and private utility services to the said region and, further, to address issues of water security, food security, biodiversity conservation, landscape preservation, sustainable housing and the pursuit of sustainable employment opportunities through horticulture, agriculture, viticulture, tourism and any other enterprises compatible with the preservation and enhancement of the said region.

Petitions:
No. 19 -
Willunga Basin.

 

                 By the Hon. R. L. Brokenshire from 51 residents of South Australia, concerning closure of McLaren Vale Police Station.  The Petitioners pray that this Honourable House will -

        (a)    reverse its decision to downsize police services in McLaren Vale; and

        (b)    reinstate the one man police station in McLaren Vale.

No. 20 -
Closure of McLaren
Vale Police Station.

 

                 By the Hon. R. L. Brokenshire from 85 residents of South Australia, concerning stormwater harvesting.  The Petitioners pray that this Honourable House will call upon the State Government, as a matter of urgent priority, to invest in stormwater harvesting for metropolitan Adelaide.

No. 21 -
Stormwater
Harvesting.

 

                 By the Hon. R. L. Brokenshire from 357 residents of South Australia, concerning development in Old Noarlunga. The Petitioners pray that this Honourable House will urge the State Government to -

        1.      Ensure that an open space buffer is maintained between the suburb of Old Noarlunga and the said development from the suburb’s boundary through to the northern junctions of Patapinda Road and South Road;

        2.      Provide for a minimum 100 metre open space buffer between the Onkaparinga National Park boundary and the said new development;

        3.      Rehabilitate the abandoned meatworks site from funds made from the State Government’s sale of land within the said development with a view to transferring the site to the National Park; and


        4.      Ensure that Old Noarlunga is not used as a thoroughfare to Main South Road by ensuring that traffic from the said development connects to southern suburbs amenities via a northern exit from the said development connecting to the Southern Expressway and Main South Road with no direct access from the said development to Patapinda Road or Piggott Range Road.

No. 22 -
Development in
Old Noarlunga.

 

                 By the Hon. R. L. Brokenshire from 36 residents of South Australia, concerning John Knox Church and Schoolhouse.  The Petitioners pray that this Honourable House will -

        1.      Take immediate action to acquire the John Knox precinct;

        2.      Partner with the Onkaparinga Council to determine a use for the John Knox precinct as a public asset; and thereby -

         3.              Return the John Knox precinct to the people of Morphett Vale and the wider South Australian community.

No. 23 -
John Knox Church
and Schoolhouse.

 

                 By the Hon. D. N. Winderlich from 156 residents of South Australia, concerning an Anti-corruption Body.  The Petitioners pray that this Honourable House will convey the community’s desire for an independent Anti-corruption body to the Premier, Mike Rann.

 

No. 24 -
Anti-corruption
body.

11.

The Hon. R. P. Wortley brought up the Report, 2008-2009, of the Natural Resources Committee on Upper South East Dryland Salinity and Flood Management Act 2002.

Natural Resources
Committee -
Report, 2008-2009,
on Upper South East Dryland Salinity and
Flood Management Act 2002.

  12.

The following Papers were laid upon the Table, viz.:

        By the Minister for State/Local Government Relations (The Hon. G. E. Gago) -

                 Reports, 2008-2009 -

                          Adelaide Entertainment Centre.

                          Non Government Schools Registration Board.

                          South Australian Tourism Commission.

 

Papers.

  13.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning South Road Superway.

 

Ministerial
Statement Tabled.

14.

The Minister for Mineral Resources Development, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. R. L. Brokenshire to ask a question of him and for him to complete his reply.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

 

Suspension of
Standing Orders.

  15.

The Minister for State/Local Government Relations, by leave, tabled a copy of a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. W. Weatherill, M.P.) concerning Mrs. Kunmanara Wilson.

 

Ministerial
Statement Tabled.

16.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment and Repeal (Trade Measurement) Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

Statutes Amendment
and Repeal (Trade
Measurement) Bill.

17.

On the Order of the Day being read for the adjourned debate on the question - That the Serious and Organised Crime (Unexplained Wealth) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned and ordered to be resumed on motion.

 

Serious and
Organised Crime
(Unexplained
Wealth) Bill.

18.

Ordered - That the adjourned debate on the question - That the Hydroponics Industry Control Bill be now read a second time - be now resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

Hydroponics
Industry Control
Bill.

19.

Ordered - That Orders of the Day (Government Business) No. 10 to No. 13 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

20.

The Minister for Mineral Resources Development, according to order, moved - That the First Home Owner Grant (Special Eligible Transactions) Amendment Bill be now read a second time:

                 On motion of the Hon. J.M.A. Lensink, the debate was adjourned until next day of sitting.

 

First Home
Owner Grant
(Special Eligible
Transactions)
Amendment Bill.

 

21.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Recidivist Young Offenders and Youth Parole Board) Bill - be now resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

Statutes Amendment
(Recidivist Young
Offenders and Youth
Parole Board) Bill.

 

22.

Ordered - That the adjourned debate on the question - That the Serious and Organised Crime (Unexplained Wealth) Bill be now read a second time - be now resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

Serious and
Organised Crime
(Unexplained
Wealth) Bill.

23.

The following Messages from the House of Assembly were received and read:

Message No. 104

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Children’s Protection Act 1993, the Criminal Law (Sentencing) Act 1988 and the Summary Procedure Act 1921, to which it desires the concurrence of the Legislative Council.

House of Assembly, 14 October 2009.                                                      J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for State/Local Government Relations then moved - That this Bill be now read a second time.

                 On motion of the Hon. J.M.A. Lensink, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Statutes Amendment
(Children’s
Protection) Bill.

 

Message No. 105

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Children’s Protection Act 1993; and to make related amendments to the Health and Community Services Complaints Act 2004, to which it desires the concurrence of the Legislative Council.

House of Assembly, 14 October 2009.                                                      J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for State/Local Government Relations then moved - That this Bill be now read a second time.

                 On motion of the Hon. J.M.A. Lensink, the debate was adjourned until next day of sitting.

 

Children’s
Protection
(Implementation
of Report
Recommendations)
Amendment Bill.

24.

At sixteen minutes past five o’clock the sitting was suspended until the ringing of the bells.

                 At five minutes to six o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

25.

The following Message from the House of Assembly was received and read:

Message No. 106

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Correctional Services Act 1982; and to make related amendments to the Young Offenders Act 1993, to which it desires the concurrence of the Legislative Council.

House of Assembly, 15 October 2009.                                                      J. J. SNELLING, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

Message from
House of Assembly:
Correctional Services
(Miscellaneous)
Amendment Bill.

26.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 27 October 2009, at fifteen minutes past two o’clock.

 

Next Day of Sitting.

27.

Council adjourned at three minutes to six o’clock until Tuesday, 27 October 2009, at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. A. M. Bressington

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

 

The Hon. P. Holloway

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. M. C. Parnell

 

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo